‘Verging on the patronising’ as ministers clash over power of abortion law

It is “verging on the patronising” to suggest Holyrood is not capable of holding power of abortion law, Scottish Secretary David Mundell has insisted.

The cabinet minister clashed with former shadow home secretary Yvette Cooper as heated debate on the Scotland Bill continued in the Commons.

The Government plans to devolve power over abortion law to the Scottish Parliament as part of a package of measures aimed at delivering the Smith Commission.

Mr Mundell (pictured) told MPs he felt devolving the power was part of the right balance to the overall devolution settlement in the UK and the Scottish Government has made clear it has no intention of changing the current law.

But Ms Cooper questioned whether it was right to allow the possibility of abortion law being different in different parts of the UK.

She said: “You are proposing a very substantial change to the framework for abortion legislation. You have done no proper, substantial consultation and we are going to have just a few minutes to discuss – such a big change to the 1967 Abortion Act.

“Do you really think a few minutes’ discussion between officials, between the Scottish Office and the Scottish Government, is the right way to do this?”

Mr Mundell said: “I’m starting from a point that I believe the Scottish Parliament has the capacity to deal with this issue and I think it is in danger of verging on the patronising to suggest the Scottish Parliament is not capable of dealing with this issue, even though it is an issue of great importance, even though it is an issue of conscience.”

He added: “There is no constitutional reason not to devolve abortion. The Scottish Parliament has responsibility for most aspects of the NHS and the criminal justice system.”

Ms Cooper intervened again and added: “Do you realise what you are doing is setting up two different systems for Scotland, and England and Wales. When we know in other parts of the world that has led to people having to travel for abortions… at a vulnerable time.

“That issue of principle, deciding whether or not it is right for people to have to travel, is an important one.”

Mr Mundell said: “I don’t think there is any evidence to suggest that will be the case.”

He added: “Simply by devolution there will be no change to the position under the 1967 Act.”

Other amendments moved by Mr Mundell include a power to top up tax credits, child benefit and universal credit.

He said this would allow the Scottish Government to reverse controversial plans to cut tax credits – stalled two weeks ago by the House of Lords – if the SNP’s opposition to the cuts was sincere.

Earlier, the Government won a series of votes on report stage amendments, including on a Labour call for an independent review of full fiscal autonomy, and SNP proposals on the Sewell Convention and devolving the power to call independence referendums.

The Scotland Bill debate began in a heated fashion as the SNP insisted not enough time had been given to debate the hundreds of amendments tabled from across the Commons.

SNP front bencher Pete Wishart said: “Scotland is watching these proceedings and it will just not understand the gross disrespect shown to our nation… it will feel like Scotland has been given an almighty slap in the face and told to just get on with it.”

Mr Mundell earlier insisted: “The amendments put beyond doubt the Bill fully delivers the Smith Commission agreement.”

The Bill came about as a result of “The Vow” made by David Cameron, Ed Miliband and Nick Clegg shortly before the end of the Scottish independence campaign.

The Scotland Bill proposes handing new powers from Westminster to Holyrood, with the promise of more control over taxation, VAT revenues and welfare spending.

The cross-party Smith Commission was established to look at how to deliver the additional powers promised by the then three party leaders.

SNP welfare spokeswoman Eilidh Whiteford said powers over tax credits should be devolved to Scotland as there is a “clear consensus” in the country, with even Scottish Tory leader Ruth Davidson warning against cuts.

Ms Whiteford said she would push the issue to a vote as the cuts will take £3.2 billion out of the Scottish economy by 2020, “undermine economic recovery”, with 350,000 children losing out.

She said: “The issue of tax credits more than any other in recent times highlights the contrast between a UK Government that’s willing to put low income families with children on the frontline in their ideological war of austerity and a Scottish Government determined to tackle inequality and determined to give children a decent start in life.

“There’s a broad consensus in Scotland that cutting tax credits is the wrong thing to do and even the leader of the Tory Party in Scotland has called for a rethink and said ‘it is wrong for low paid workers to lose out’.

“Even they recognise that their proposals will disincentive work, hit children who are already disadvantaged and punish those in lower paid jobs.”

Ms Whiteford also called for the devolution of powers over trade unions as the Scottish Government’s view is in marked contrast to the UK Tory Government’s.

She said: “The Scottish Government sees trade unions as key social partners, an important part of civil society, and it’s not okay for the UK Government to restrict the ability of trade unions to represent their members effectively.

“I’ll be opposing that (Trade Union) Bill tomorrow but we need those powers devolved and there’s an opportunity to do that tonight.”

Ian Murray, the shadow Scotland Secretary, also spoke against the abortion amendment.

“This isn’t about the time level for abortion,” he said.

“This is around the entire complex matrix of the legislation that sits behind it: The criminality of abortion, the issues of authorisation of abortion, where abortions can be carried out.

“It is not just about 24 weeks, it is much, much more than that and the Secretary of State should reflect on the fact that a proper consultation needs to be put in place otherwise he is in danger of doing something incredibly dangerous to abortion in this country.”

Mr Murray said having two different legislative regimes could lead to “abortion tourism”.

“Nobody wants that across the United Kingdom,” he said.

The Government’s abortion amendment was carried by 350 votes to 183 – a majority of 167.

An SNP amendment to devolve full tax credit powers was defeated 477 to 56 – majority 421.

Copyright (c) Press Association Ltd. 2015, All Rights Reserved. Picture (c) Danny Lawson PA/Wire.